Dispute resolution and appeals - Mediation, Tribunals and Single Route of Redress

If you disagree with a decision your local authority has made about a child or young person’s Education, Health and Care (EHC) Needs or Plan, you can make an appeal to have that decision changed. 

There are no fees for making an appeal or a claim, and you may be eligible for legal aid  to provide legal help in preparing your case. 

You can appeal if you do not agree with the Education, Health and Care Plan (EHCP) your local authority has made, or if they: 

  • refuse to carry out an EHC Assessment or Reassessment
  • refuse to create an EHCP after carrying out an Assessment or Reassessment
  • refuse to change the sections of an existing EHCP which are about education (sections B, F and I)
  • decide you or your child does not need an EHCP anymore

For more information, please visit: Appeal an EHCP Decision: Who can appeal - GOV.UK 

Type of appeal

In most situations, there are 3 potential ways to appeal: 

  • way forward meeting
  • mediation
  • first-tier tribunal

Way forward meeting 

A way forward meeting is the most informal of all the available routes, and usually the quickest. 

You can request to meet with a Cumberland Council Special Educational Needs and Disabilities (SEND) Manager and discuss some of the disagreements you may have.

Way forward meetings are an opportunity for families and Council Officers to listen to each other and figure out a 'way forward' as early as possible. 

These meetings are not a part of the national appeals framework, but part of Cumberland Councils commitment to listen and resolve concerns quickly.

The SEND Team will always try and see if an agreement can be reached without the need for more formal options. 

You do not need to have a way forward meeting to access mediation or the first-tier tribunal.

Mediation 

Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It’s confidential, more informal than a tribunal, and usually quicker. It is a comfortable, non-confrontational and non-judgemental meeting that gives you the opportunity to talk about EHC decisions if you do not agree with them. 

It is an opportunity to come to an agreement outside of the more formal legal route. 

Actions can be agreed on the day of mediation, and if you cannot agree a way forward at the mediation, you can still appeal to the first-tier tribunal up to 1 month after the mediation ends, or 2 months after the original decision, whichever is the latter. 

In most cases, you must consider mediation before you appeal to the tribunal. 

You do not have to consider mediation if your appeal is only about which school or other setting you or your child should attend (Section I of the EHCP). 

Tribunal 

The first-tier tribunal is a formal legal process which can make decisions based on the law and current case law. A Tribunal is more relaxed than a court process, but it is still a formal route that requires specific evidence and timelines to be met. 

You do not need legal representation, but you may find it helpful to use an independent advice service who can support you with making an appeal. 

The tribunal has the power to order Cumberland Council to carry out its decisions.  

If it is asked to do so, the SEND tribunal can also make non-binding recommendations about health and social care this is also called the 'Single Route of Redress'. The Single Route of Redress is the same process as the SEND tribunal but will consider all the appeals at the same time. You can only appeal in the health and/or social care sections if you are appealing Section B, F or I at the same time.

What will happen if I decide I want to appeal?

Way Forward Meeting
You should always try to resolve your concerns with your Special Educational Needs Coordinator (SENCo) or EHC Coordinator in the first instance. If you are unable to do so, then you can contact your EHC Coordinator and request a way forward meeting. 

A SEND Manager will then reach out to you via email or phone, to arrange a time to meet. This will usually be online but can be by phone or in-person if you would prefer. 

When you meet you will have the opportunity to explain your situation and tell the SEND Manager why you disagree with the decision that has been made. The manager will listen attentively and always give you space and time to fully explain your thoughts. They will explain their thoughts too, so that you can start your discussion from a place of shared understanding. 

Through this open and honest conversation, you can explore potential ways forward that are appropriate for the child/young person’s needs and it is hoped that you will be able to resolve the issues within the meeting. 

If after this meeting, you feel that there hasn’t been a suitable resolution you can choose a mediation or tribunal.

Mediation
Cumberland Council will have sent you a letter giving their decision about the EHCP. This letter will tell you how to contact the mediation service. 

The mediation service in Cumberland is provided by Collis Mediation. 

Collis Mediation can be contacted at: 

A Mediation Adviser will discuss your situation with you and explain how mediation works. 

If you want to go ahead, they will bring you and a Cumberland Council representative together to discuss the problem. 

Mediation is primarily a process where concerns and options are discussed . The process is confidential and without prejudice. This means anything discussed is private and any discussions cannot be used against someone at a later date. Indeed, a tribunal would not take into account anything discussed at mediation. 

It is an opportunity to resolve the matter outside of more formal legal routes. 

You can be supported by anyone you wish, such as a Teacher, the SEND Information, Advice and Support (SENDIAS) Service, Educational Psychologist, SENCo or a family member or friend. You can submit new information such as professional reports and crucial information from people who have opinions about the support the child/young person may need. 

The mediation allows everyone to discuss and consider the most appropriate way of providing access to education with the right support and ensuring the SEND child or young person has the same learning opportunities as their non-SEND peers. 

At the end, the mediator will give you a Mediation Certificate, which you will need if you still decide to appeal to the tribunal.

First-tier tribunal
You will need to submit an appeal form. You do not have to write a lot, but it is important to explain the grounds of your appeal. 

This means:

  • why you think the decision is wrong
  • what you want the SEND tribunal to do
  • any evidence to support your form 

The SEND Tribunal produces a free booklet called 'How to Appeal', and other guidance forms which can all be accessed via their  website. The SEND Tribunal has  also produced a set of videos which explain more about what appealing to the SEND Tribunal is like.

There are no fees for making an appeal or a claim, and you may be eligible for legal aid to provide legal help in preparing your case. 

There are deadlines that need to be met, and if there is anything missing or is returned late, the tribunal may choose to end your appeal. 

The tribunal will hold a hearing where it will look at all of the evidence put before it and decide whether Cumberland Council followed the law and the Code of Practice when making its decision. 

It will make a decision based on what is right for your child or young person at the date of the hearing.

What support is available?

Success in appeals does not depend on whether you have a legal representative. 

This is because the SEND Tribunal makes decisions based on evidence and the law, not the strength of a party’s legal support. 

You do not need to pay anything and there are a number of charities and organisations that can provide free independent advice, guidance and support. 

  • SENDIASS are a Cumberland based SEND Information, Advice and Support Service. They have phonelines, information webpages and coordinators that can help you and give advice about everything related to SEND in Cumberland
  • IPSEA are a national charity that have a range of support services available for SEND law
  • Collis Mediation have a range of useful guides and tips to help understand mediation and the tribunal process